P. v. Rios CA4/3
The court revoked probation and imposed a state prison term for defendant, Joe Raymond Rios, following a hearing at which a transcript of defendant’s preliminary hearing in another case was admitted into evidence. Defendant’s trial counsel failed to object. On appeal defendant argues the preliminary hearing transcript was inadmissible, because he was deprived of his constitutional right to confront and cross-examine adverse witnesses as guaranteed by the Fourteenth Amendment to the United States Constitution. We agree, but conclude the error was harmless. Alternatively, defendant argues his trial counsel rendered ineffective assistance. We need not reach the issue because we exercise our discretion to decide the constitutional challenge even though defendant forfeited the issue by failing to raise it in the trial court. Accordingly, we affirm.
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